Application for permission to prefer an appeal as an indigent person was rejected by the High Court because the inquiry report found the applicant possesses a pucca house and land.
Permission to prefer appeal as an indigent person denied; applicant directed to deposit court fees.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 210 of 2017
---- Applicant
Versus
For Applicant : Shri Govind Dewangan, Advocate. For Non-Applicant No.2/State : Shri Rahul Tamaskar, P.L.
Hon'ble Shri Justice Sanjay Agrawal Order On Board
13.04.2018
Heard on an application filed under Order 44 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 for seeking permission to prefer an appeal as an indigent person.
As per the direction issued by this Court on 08/03/2017, an inquiry was conducted by the Respondent No.2, who in turn submitted a report vide Annexure R-2/1, in which it was found that the present applicant is possessing the Pacca House, as well as land bearing Khasra No. 5, area 3.10 acre situated at Village Choriya, Patwari Halka No. 14, Tehsil Champa, District Janjgir-Champa (C.G.).
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In view of the said report, I am not inclined to permit the applicant to prefer the appeal as an indigent person. Accordingly, the application is rejected. The applicant is directed to deposit the entire Court Fee within the period of two months from today. On payment of the said Court Fee, Registry shall register the appeal as a regular First Appeal and shall post the matter thereafter for admission.
MCC is accordingly disposed of.
Certified copy of this order be placed before the High Court Legal Service Committee for further communication to the applicant, namely, Ram Sharan.
Sd/( Sanjay Agrawal ) Judge
Deepti Jha
1 issue framed by the court
Whether permission should be granted to the indigent applicant to prefer an appeal under Order 44 Rule 1 read with Section 151 CPC.
2 provisions across 1 enactments
Ram Sharan
State Of Chhattisgarh
Sanjay Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
